MAR-2-05 CO:R:C:V 733534 KG
Harold I. Loring, Esq.
Grunfeld, Desiderio, Lebowitz & Silverman
12 East 49th Street
New York, NY 10017
RE: Country of origin marking of imported sweaters
Dear Mr. Loring:
This is in response to your letter of May 18, 1990,
requesting a country of origin ruling regarding imported
sweaters.
FACTS:
Customs ruled in HQ 733323 (May 2, 1990), that sweaters made
in China marked "China," "Made in China," "Product of China," or
"Knit in China" would satisfy the requirements of 19 U.S.C. 1304
and 19 CFR Part 134. You have asked if the term "Handknit in
China" is acceptable.
ISSUE:
Whether the term "Handknit in China" is an acceptable
country of origin marking?
LAW AND ANALYSIS:
Section 304 of the Tariff Act of 1930, as amended (19 U.S.C.
1304), provides that, unless excepted, every article of foreign
origin imported into the U.S. shall be marked in a conspicuous
place as legibly, indelibly, and permanently as the nature of the
article (or container) will permit, in such a manner as to
indicate to the ultimate purchaser in the U.S. the English name
of the country of origin of the article.
Part 134, Customs Regulations (19 CFR Part 134), implements
the country of origin marking requirements and exceptions of 19
U.S.C. 1304. Custom's recent ruling, HQ 733323 (May 2, 1990),
states that any acceptable marking for sweaters knit in China
must clearly indicate that China is the country of origin. The
phrase "Knit in China" was found to clearly indicate that China
is the country of origin and therefore, this phrase was ruled to
be acceptable for country of origin marking purposes. Further,
Customs ruled in HQ 712210 (March 20, 1990), that the term
"Handcrafted in Mexico" was acceptable and did not violate
section 11.13(a), Customs Regulations (19 CFR 11.13(a)), because
the imported product was in fact handcrafted in Mexico.
Similarly, the phrase "Handknit in China" clearly indicates that
China is the country of origin and would not cause any confusion
as to the origin of any imported product so marked. Based on
these prior rulings, "Handknit in China" is acceptable in
accordance with 19 U.S.C. 1304 and 19 CFR Part 134 to indicate
the country of origin of imported sweaters which are in fact
hand-knit in China.
HOLDING:
The phrase "Handknit in China" is acceptable in accordance
with 19 U.S.C. 1304 and 19 CFR Part 134 to indicate the country
of origin of imported sweaters which are in fact hand-knit in
China.
Sincerely,
Marvin M. Amernick
Chief, Value, Special Programs
and Admissibility Branch